News & Analysis as of

Employer Liability Issues Damages Appeals

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

CDF Labor Law LLP on

Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

McGuireWoods LLP on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Foley & Lardner LLP

New York Legislature Amends Pay Frequency Law to Limit Damages for First-Time Offenders

Foley & Lardner LLP on

The New York State Legislature has amended New York Labor Law (“the Law”) to reduce statutory damages for first-time violations of pay frequency requirements for manual workers while preserving the ability to impose...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

Cozen O'Connor on

In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

Husch Blackwell LLP on

On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

Fox Rothschild LLP

Texas Supreme Court Reverses Liability Finding Against Franchisor

Fox Rothschild LLP on

A recent Texas Supreme Court decision fully overturned a jury’s finding that a franchisor was liable for the criminal actions of a franchisee’s employee. This decision underscores the importance of a franchisor having clearly...more

Carlton Fields

Third Circuit Holds Harassment Exclusion Bars Coverage for Sexual Assault Suit Under Pennsylvania Law

Carlton Fields on

In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella...more

Harris Beach Murtha PLLC

New York Legislature Compromises on Damages for Frequency of Pay Claims

The New York State Legislature has limited damages for first-time violations of New York’s pay frequency law, which requires that manual workers be paid weekly. The amendment to New York Labor Law (“NYLL”) § 198(1-a) resolves...more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

CDF Labor Law LLP on

Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more

Marshall Dennehey

A Carrier May Have No Duty to Defend an Intentional Injury Claim Against an Employer Arising from a New Jersey Workers’...

Marshall Dennehey on

Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim....more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

Benesch on

As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

CDF Labor Law LLP

Naranjo v. Spectrum Security Services, Inc.

CDF Labor Law LLP on

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

Littler on

In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Littler

Ontario, Canada Court of Appeal Upholds 26-Month Reasonable Notice Period Due to Exceptional Circumstances

Littler on

In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal (OCA) dismissed the employer’s appeal of a lower court decision in which trial judge held “exceptional circumstances” existed to justify making an...more

Payne & Fears

Key California Employment Law Cases: September 2020

Payne & Fears on

Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Treble Ahead? SJC Opinion Offers Damages Caution for Massachusetts Employers With Commissioned Employees

On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees. In Parker v. EnerNOC, Inc. (SJC-12703), the SJC...more

Littler

Ontario, Canada: Court Takes on Employer Termination Conduct

Littler on

The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125, which serves as a cautionary tale for employers whose termination conduct reveals that they do not take their...more

Payne & Fears

Key California Employment Law Cases: January 2019

Payne & Fears on

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Disallows Blended Hourly Rate That Does Not Take Into Account Overtime Hours Worked

In some situations, developing a creative approach toward overtime pay can cost the employer more than if it had simply paid time and one-half overtime in the first place. On February 8, the Fourth Circuit Court of Appeals...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

McAfee & Taft

New meaning to the Equal Pay Act’s promise of pay equity

McAfee & Taft on

“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay...more

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